Aluva rape and murder case convict Ashfaq Alam to hang

Aluva: The Ernakulam POCSO court on Tuesday (Nov 14) sentenced the accused in the rape and murder of a five-year-old in Aluva, Ashfaq Alam, to capital punishment. The death penalty is as per IPC Section 302. The court also noted that the accused does not deserve any mercy. The quantum of the sentence was pronounced by Judge K Soman. 

Also read: What are the charges imposed on Aluva rape and murder convict Ashfaq Alam? Read

The court noted that the Aluva rape and murder case sent shockwaves across the society. The children are unable to play even at home. If we allow the accused to live, it would be a threat to the girls in the upcoming generation. If the maximum sentence is not imposed against the accused, the court will be deemed to have failed in its duty. This case is considered as one of the 'rare of rarest' cases. The court also quoted Nelson Mandela's statement that the true nature of a society is revealed by looking at how that society treats its children.

Ashfaq was sentenced to five years for destroying evidence, three years for drugging the minor, life imprisonment for raping the minor and the death penalty for the murder and rape of the minor.

It is also to be noted that the verdict comes on Children's Day today. The prosecution argued that the case comes under the rarest-of-rare category and therefore the highest punishment of the land should be given to the convict. 

The court upheld 13 charges levelled by the prosecution against the accused, including murder, kidnapping, torture, indignity to a human corpse, destroying evidence and three POCSO (Protection of Children from Sexual Offences) charges.

The court had earlier said that the prosecution was able to prove all the 16 charges against the accused. The prosecution, seeking capital punishment against the accused, said it was "unparalleled cruelty". 

The prosecution reiterated on Thursday (Nov 9) that the accused should be given the maximum penalty of death. The prosecution pointed out that the manner in which the accused was executed was rare and after the rape, the 5-year-old girl was brutally murdered without even being allowed to breathe the stench of the garbage dump.

The prosecution also argued that the accused who molested another child in Delhi the same year the child was born did not deserve any punishment less than death. The accused repeated in court that he had not committed the crime. Out of the 16 offenses against the accused, there will be no punishment in three sections which are general. The Punishment will be imposed in 13 sections as similar sections have higher punishments.

The investigating team, Aluva Deputy SP Prasad, Inspector of Police Manju Das, and others performed well enough to complete the investigation in 30 days, said Ajith Kumar, ADGP.

The appalling incident that sent shockwaves across the state took place on July 28. The lifeless body of the five-year-old girl was tragically discovered in a garbage yard, almost a day after she was abducted from her family's rented house in Aluva, near Kochi. 

Earlier today, the parents of the girl told Asianet News that Asfaq Alam should be given the death penalty. Both of them said that he is a monster in human form and that no other child should suffer such a fate. The girl's father said the accused should be given the death penalty and wanted nothing less. "He who killed their child also has no right to live. If he comes out he will repeat the same," they said.

Also read: Aluva rape and murder case Timeline: From Crime to Capital punishment

• Aluva rape and murder of child verdict
• Aluva case verdict